My driver’s license has been withdrawn. What can I do?

Withdrawal of a driver’s license is equivalent to a driving ban. Within 8 days of the withdrawal (Saturdays, Sundays and public holidays are not included), you will be notified of a temporary driving ban order issued by the examining magistrate. This order conditions the withdrawal of the license. On the basis of the examining magistrate’s …

Pledges under Luxembourg law: case law and developments

The law of August 5, 2000 on financial collateral arrangements establishes a legislative framework for the various types of security. This is a very important text, since it reflects the legislator’s genuine desire to give concrete form to the legal security of lenders. In this section, we will look at two recent case law decisions …

Transposition: Capital Requirement Directive V / CRD V – Gender Equality

Capital Requirement Directive V / CRD V – Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures (known as “Capital Requirement Directive V” or “CRD V”). …

Drop by drop”, the cartels’ illegal loans

The scale of drug trafficking in Latin America is well known. Many countries are affected by this scourge, including Colombia, Mexico, Ecuador, Venezuela and Honduras. The narco-economy is flourishing and has a real impact on the region’s activities. In this sense, a French parliamentary report estimates that 10 to 12 billion dollars are collected …

Enforcing foreign judgments in Luxembourg

In an international country like Luxembourg, enforcing a foreign decision is a recurring problem. It often happens that, after obtaining a favorable decision abroad, creditors are faced with the challenge of enforcing this decision against recalcitrant debtors who nevertheless have considerable assets in Luxembourg. Conversely, many debtors find themselves obliged to defend their rights and …

Nationals staying for more than 3 months

The amended Immigration Act of August 29, 2008 on the free movement of persons and immigration governs the stay of nationals residing in the Grand Duchy of Luxembourg for more than three months. This law groups together different residence permits for different categories of people: 1) Residence permit for paid employment. This residence permit allows …

KNOW YOUR TRANSACTIONS or KYT

By Me Nirina LARAVINE-MATTHE and Céline UMBDENSTOCK The 4th European Anti-Money Laundering Directive (EU) n°2015/849, aims to combat money laundering and the financing of terrorism, has strengthened the rules on customer identification and improved awareness of money laundering and financing of terrorism, in particular by advocating a risk-based approach, as part of the so-called “KYC” …

When law changes across borders

Working in Luxembourg – hurdles and tasks for german companies and their employees Despite all the ease of finding a job or setting up a business across borders, there are still differences between the German and Luxembourg legal systems that employees and employers should be aware of. Together with the German Bar Association in Luxembourg …

Register of shareholders of a Luxembourg company

Every Luxembourg company must establish and keep up to date a shareholders’ register which is part of the company’s corporate records kept at the company’s registered office and central place of management. The amended Law of 10 August 1915 on commercial companies (the “Company Law”) does not foresee a specific form how a shareholders’ register …

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